In a recent judgment, the apex court of India has refused bail to a school-going youth of Uttarakhand who was involved in playing a pornographic video clip in school which was made by a 14-year-old classmate, who had killed herself allegedly due to this act committed against her.
Therefore, the Pull Court’s bench supported Haridwar Juvenile Justice Board and Uttarakhand High Court in rejecting the bail application. This ruling does not conform to the general law that allows bail for juveniles regardless of the nature of the crime they were accused of.
The girl’s father had said he had lost her in October; the girl was later found catatonic. He accused the boy of creating and sharing with others obscene videos of her that forced her to commit suicide. The boy was charged under the Indian Penal Code(IPC) and the Protection of Children from Sexual Offences (POCSO) Act.
While the Uttarakhand High Court had not allowed the boy to be bailed out, it admonished him as undisciplined and surrounded by bad company. They had also mentioned in the social investigation report that the boy needs to be punished to avoid such events in the future incidences.
However, the plenary apex court bench affirmed the refusal of bail holding the willingness of the boy’s parents to take care of him. This ruling can be considered fair as far as the delinquent’s punishment is concerned, as well as the protection of the interests of the violated person and the prevention of other similar crimes.
